Garuda - Garba Rujukan Digital

The Court Online Content Moderation: A Constitutional Framework Rian Saputra; M Zaid M Zaid; Silaas Oghenemaro Emovwodo
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

This study aims to see and describe the practice of electronic justice in Indonesia based on the digital constitutionalism approach; as a concept that tends to be new, Digital Constitutionalism in its development also accommodates the due process online in scientific discourse. This research is normative legal research using a statutory and conceptual approach. Based on the research results, it is known that the practice of electronic justice in Indonesia still uses procedural law guidelines, which are conventional procedural law and internal judicial regulations. In contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law in its implementation because it is annulled. It has not been oriented to the protection of Human Rights as conceptualized in the Digital Constitutionalism discourse, which includes due process online. So the regulation of electronic justice in the future must be based on Digital Constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities.

The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice M Zaid; M. Musa; Fadhel Arjuna Adinda; Lamberton Cait
Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i2.70

This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.

Reconstruction of Chemical Castration Sanctions Implementation Based on the Medical Ethics Code (Comparison with Russia and South Korea) Rian Saputra; M Zaid; Pujiyono Suwadi; Jaco Barkhuizen; Tiara Tiolince
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.64143

This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is against the principle of beneficence. The rules regarding the implementation of chemical castration for perpetrators of sexual crimes against children can actually be followed by referring to the provisions for the implementation of chemical castration in Russia and South Korea, both countries whose medical profession will only serve as an advisory opinion for law enforcers who have been given special competency training.

Eradicating public official corruption Indonesia: a revolutionary paradigm focusing on state financial losses M Zaid; Rabani M Halawa; Kartika Asmanda Putri; Fadhel Arjuna Adinda; Lamberton Cait
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9564

This research explores additional ways to eliminate corruption caused by authority abuse that hurts public finances. The present paradigm of corruption eradication in Indonesia still focuses on punishment, disregarding one of the Anti-Corruption Law's goals, state financial loss restitution. This research is normative, statutory, conceptual, and case-based. The results show that the administrative law approach to eradicating criminal acts of corruption due to government official abuse of authority focuses more on returning state losses through initial supervision by internal government agencies, such as the Government Internal Supervisory Apparatus. APIP has direct prosecution and compensation powers. The Supervisory Agency (BPK) finds state financial losses, it is better to take administrative action to recover them by communicating with APIP for time efficiency in eradicating corruption and recovering state losses. Third, sanctions in the authority that results in state financial losses are contained in Article 20 Juncto 21 of Law Number 30 of 2014 concerning governance, which only provides administrative sanctions of dismissal and does not require government officials to return state financial losses.

PANCASILA SEBAGAI DASAR PEMBERANTASAN KEJAHATAN KORPORASI DI INDONESIA M. Zaid
JOURNAL EQUITABLE Vol 8 No 2 (2023)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v8i2.4706

Pancasila sebagai ideologi bangsa Indonesia memiliki perbedaan dengan sistem kapitalisme-liberal maupun sosialisme komunis. Pancasila mengakui dan melindungi baik hak-hak individu maupun hak masyarakat baik di bidang ekonomi maupun politik. Dengan demikian ideologi kita mengakui secara selaras baik kolektivisme maupun individualisme. Demokrasi yang dikembangkan, bukan demokrasi politik semata seperti dalam ideologi liberal-kapitalis, tetapi juga demokrasi ekonomi. Dalam sistem kapitalisme liberal dasar perekonomian bukan usaha bersama dan kekeluargaan, namun kebebasan individual untuk berusaha. Sedangkan dalam sistem etatisme, negara yang mendominasi perekonomian, bukan warga negara baik sebagai individu maupun bersama-sama dengan warga negara lainnya. Artinya Pancasila memiliki peran yang sangat penting dalam menegakkan negara hukum, merupakan falsafah, dasar negara dan ideologi terbuka.

Establishing ecological justice in the governance of land inventory, ownership, and utilisation in Indonesia Basuki, Agung; Zaid, M; Mohamed Musa , Alnour Abobaker
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.12

This study analyses ecological justice in Inventory, Tenure, Ownership, Use, and Utilisation of Land (IP4T) governance as required by TAP MPR IX/2001 and Government Regulation No. 16/2004 on Land Administration. This study uses a normative legal research technique with legislative and conceptual approaches. According to the author's study, ecological justice is included in IP4T legislation in TAP MPR IX/2001 and Government Act 16 of 2004 on Land Development. The rules of the two legal instruments promote ecological justice, sustainable development, and damage prevention. Article 23 of Government Regulation No. 16/2004 requires all Spatial and Regional Plans to include the IP4T map. This map goes beyond land ownership, use, and utilization. The IP4T dataset also assesses land capabilities and evaluation, including ecological features of the land. Thus, a region's Spatial and Regional Plan must remove IP4T data on land tenure, use, evaluation, and capabilities. Article 3, Article 5, and Article 6 Paragraph (2) of TAP MPR IX/2001 define ecological justice. In practice, these discrepancies impede ecological justice. These inconsistencies are rampant in implementing IP4T (Integrating Principles for Transition) in the mining industry.

Executability of the Constitutional Court's formal testing decision: Indonesia's Omnibus Law review Saputra, Rian; Zaid, M; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i3.18

This legal writing analyses the incoherence in the use of Government Regulations in Lieu of Laws as an implementation of the Constitutional Court's Decision on the Formill Test of Laws by using Constitutional Court Decision Number 91 / PUU-XVIII / 2020 as a study material and trying to describe future precedents to the formal test decision, which Perpu continues to improve. It uses case, statute, and conceptual approaches to conduct normative legal research. The study found that: a. The Constitutional Court Decision Number 91/PUU-XVIII/2020 declared the Job Creation Law conditionally unconstitutional because its formation was not based on reasonable and correct procedures for the formation of laws and regulations or radically deviated from the principle of lawmaking. Constitutional Court Decision Number 91/PUU-XVIII/2020 requested that the Job Creation Law, which was declared conditionally unconstitutional, be revised through a good and correct mechanism for law and regulation formation, which includes community participation. In the context of the president's attitude towards using Government Regulation in Lieu of Law to comply with the Constitutional Court Decision No. 91/PUU-XVIII/2020, the use of the Perpu mechanism to improve the Job Creation Law negates public participation as a fundamental part of the process of forming good laws and regulations.

Ecological justice in Indonesia and China post-mining land use? Saputra, Rian; Zaid, M; Gunawan, Matthew Marcellinno; Pei-Chi , Wu
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.108

This paper thoroughly examines the regulation and implementation of post-mining land use in Indonesia and China. This study employs a statutory and comparative legal approach to examine both countries’ regulations and utilization of post-mining land. The research findings indicate that Indonesia lacks legal rules for post-mining land utilization. The Mineral and Coal Mining Law in Indonesia and other legislation solely governs the transfer of post-mining land from companies to eligible parties via the Minister, Governor, or Regent/Mayor. These provisions indicate that post-mining land use in Indonesia continues to adopt an anthropocentric perspective and has not yet embraced ecological justice. In China, the utilization of post-mining land is modified to align with ecological, social, and economic requirements, designating it for agricultural purposes, straw cultivation, and infrastructure, including agricultural land, straw fields, grasslands, forests, wildlife habitats, biofuel crops, and areas designated for industrial, commercial, and residential development. Interestingly, when the decision is made to convert post-mining state land into agricultural land, following feasibility approval by local authorities in China, the transfer is granted to rural communities collectively or to those surrounding the post-mining area for management as agricultural land.

Blue Carbon Regulations and Implementation in Several Countries: Lessons for Indonesia Zaid, M; Ricky, Ricky; M H Sedera , Rakotoarisoa
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i1.117

This research seeks to examine novel concepts in global carbon emission reduction initiatives. According to several kinds of literature, the mitigation of carbon emissions can be achieved through the Blue Carbon Ecosystem (EKB) idea. EKB is a concept that enhances aquatic regions to sequester carbon emissions. EKB aims to mitigate carbon emissions and positively influences the national economy, particularly benefiting coastal areas. This study employs a normative legal research methodology utilizing a conceptual, legislative, and comparative law approach. Research findings indicate that Indonesia has established regulations regarding blue carbon in Presidential Regulation 98 of 2021 pertaining to Carbon Economic Value. Nonetheless, the existing regulation has inadequately facilitated the implementation of blue carbon in Indonesia. The findings indicate that 1) The blue carbon concept in Indonesia presents a significant opportunity to mitigate emissions and serve as an economic resource through the Carbon Economic Value scheme; 2) Various countries have successfully implemented blue carbon initiatives to harmonize environmental and economic considerations, emphasizing legal protection, institutional frameworks, and community engagement; 3) The regulatory framework for blue carbon in Indonesia exhibits several deficiencies, including a lack of regulatory coherence, overlapping authorities, insufficient community involvement, and an absence of equitable benefit distribution

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